employment contracts

Employers often want their employees and/or contractors to promote their business via social media. Harnessing the power of a “share” and a “like” can be one of the best ways to raise the profile of any business. Perhaps because of the value of a “like,” an employer was recently sued by a former employee regarding the property interest in over six million “likes” on a Fan Page.

One tip is to work with an employment law attorney as well as a social media strategist. My clients know that I take a holistic view of the employer’s health, and I will not hesitate to provide a referral to an excellent social media strategist (and other top-notch professionals), as needed. Let’s talk!

For 2015, California employers must be aware of a few important (and somewhat complicated) new – or changed – employment laws. I am happy to post a PDF version of 10 of those new employment laws in California. Some of these new laws should be reflected in Employee Handbooks, involve providing notices to employees, and require new training for managers and supervisors.

As always, please do not hesitate to contact me to discuss these laws, to update your company’s Employee Handbook and other essential documents and agreements, or for assistance regarding any other employment/HR issue.

Do you voluntarily use LinkedIn to help your employer promote business, services and/or products? Does your company request, or require employees to use LinkedIn to further develop client/customer/vendor relationships?

What happens if/when the employment relationship ends on a sour note? Will there be a battle between employer and employee regarding the ownership of the LinkedIn contacts, and perhaps the account(s) used?

In my November 2014 post titled “Employer vs. Employee: Ownership of LinkedIn Contacts” I explored these questions and others that employers and employees may face when the employment relationship ends and ownership of LinkedIn information becomes disputed. While courts have yet to publish many decisions on this issue, I focused on a federal court case (Eagle v. Morgan) that provides some guidance to employers.

I also added four tips for employers to prevent such disputes from arising and to help employers maintain control and ownership of LinkedIn information former employees have used/developed on their employer’s behalf.

This past week mainstream press (not just employment law blogs) has been reporting on a single Facebook post by a Boston College student. Why? One of her posts resulted in a loss of $80,000.00 to her father. As it turns out, her post demonstrated that her father had violated a confidentiality provision in a Settlement Agreement he had entered into with his former employer after he brought claims of employment discrimination and retaliation.

This same week, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against CVS Pharmacy challenging the company’s standard severance agreement. The EEOC was particularly concerned with provisions it thinks trample on employee rights to discuss workplace issues, including the confidentiality provision.

In my most recent article titled “Can ‘Social Media’ and ‘Confidentiality’ Co-Exist In The Workplace” for Maximize Social Business, I analyze whether “social media” and “confidentiality” can really co-exist in a workplace, and how one Court ruled in favor of the confidentiality provision, while the EEOC challenges another. After you read the post, let me know what you think – did the Court get it right when it ruled against the Facebook poster and her family? Are the EEOC’s concerns valid, and if so, will employers be even more reluctant than ever to enter into severance/settlement agreements that will not contain confidentiality provisions?

What are you responsibilities, according to employment law, to update your social media profiles?In my June 2013 post regarding Social Media and Employment Law for Windmill Networking (Now MaximizeSocialBusiness.com), I focus on a very common situation: when an employee separates from a company but may not have a new job lined up. The employee may feel reluctant to update LinkedIn (or other profiles) due to embarrassment about losing a job, or the delay in updating may simply be a strategic choice because getting a new job is typically easier when potential employers believe you are still gainfully employed. My post, titled “5 Tips on Job Transitions and Updating Social Media Profiles,” explores whether a former employer can require/force a former employee to update a social media profile, and tips for both employers and employees in this developing area of the law.